CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 17 Aspects of parental responsibility may be transferred

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 17

    (1)     Parental responsibility may be transferred from a person to someone else under—

        (a)     a family group conference agreement; or

Note     Family group conferences are dealt with in ch 3 and ch 12.

        (b)     an appraisal order including a temporary parental responsibility provision; or

Note     Appraisal orders and temporary parental responsibility provisions are dealt with in s 372 and s 373.

        (c)     emergency action; or

Note     Emergency action is dealt with in pt 13.1.

        (d)     a care and protection order including a parental responsibility provision; or

Note     Care and protection orders are dealt with in ch 14.

        (e)     a safe custody warrant; or

        (f)     a court order (under this Act or another law in force in the Territory); or

Example—court order under another law

a parenting order under the Family Law Act 1975

(Cwlth)

        (g)     a provision of another law in force in the Territory.

Note     If parental responsibility for a child or young person is transferred to the director-general, the director-general may delegate the responsibility to a responsible person for an approved kinship and foster care organisation (see  s 883A). The responsible person may subdelegate it to a position in the organisation (see  s 883B). However, the director-general must ensure that the delegated or subdelegated parental responsibility is properly exercised (see Legislation Act

, s 238).

    (2)     If parental responsibility is transferred from a person to someone else—

        (a)     only the aspect of parental responsibility expressly stated to be transferred is transferred; and

        (b)     no-one else's parental responsibility, or aspect of parental responsibility, for the child or young person is diminished except to the extent expressly stated or necessary to give effect to the transfer.